A spouse or civil partner - Who is my next of kin if I am married or separated? Generally, if the deceased person was married or in a civil partnership when they passed away, the spouse or civil partner is usually thought of as their next of kin, which is still the case if you are separated.
In the event of a separation, it is important to note that the spouse might decide not to claim the responsibility of being next of kin. If you are divorced, however, your ex-wife, ex-husband or ex-civil partner cannot be considered as your legal next of kin.
To avoid any issues such as the above, we highly recommend writing a will , particularly at times of significant change in your life, like a separation, divorce or a birth. If the children are younger than 18, they cannot be named as next of kin - in this case, their parents would be given the responsibility.
In the event that the deceased person passed away with no spouse, civil partner, children or parents then their siblings are considered to be the next of kin. Remember that the above next of kin order is not legally established in the UK, unlike in the United States where the order of priority is officially set out by American law. While you are free to choose whoever you deem to have the closest relationship with to be your next of kin, a lot of people generally follow the above guidelines.
If someone is admitted to hospital, their named next of kin is responsible for the following duties:. So understandably, the next of kin or any other family members could be faced with sudden, unexpected funeral costs, unless the deceased person had a life insurance policy or set aside some cash in a will to cover the cost.
If they discover that the person died with an estate, such as a property and savings, then the funeral costs will be taken from this. Read more: How to Make a Will at Home. If you do not wish for your estate to be shared out as inheritance to certain people listed above or if you have specific wishes for when you are no longer here, the best way to ensure your requests are carried out is by writing a will.
If someone dies and they made a will, there will usually be a named executor in the will document whose duty it is to apply for probate, which gives them the legal right to administer the estate. The specific family order used in Intestate Succession will vary from state to state. When someone dies, their Next of Kin will typically be direct offspring: children, grandchildren, or great-grandchildren.
For the purpose of Succession, Next of Kin does include legally adopted children though there may be slight differences regarding step-children depending on if they are legally adopted or not. If the deceased person has no children, Next of Kin will move to parents. Collateral Heirs can also refer to nieces and nephews. If you are named Next of Kin for a deceased relative, there are a few different things you can expect if the person died without a Will. Make Medical Decisions: If someone becomes incapacitated without a Will or health care directive, medical decisions will typically fall into the hands of the Next of Kin.
File for Probate: Next of Kin is responsible for initiating the probate process. At this point they will typically be named the Administrator if there is no contest over who to place in charge within the family.
Arrange the Funeral: Another responsibility of Next of Kin is to make any funeral arrangements. Hopefully this person has an idea of what their relative wanted burial, cremation, etc.
Unfortunately, dying without a Will can leave a lot of unanswered questions -- but we can at least give you an idea of the legal obstacles ahead. They have a child called Selma. The flat goes automatically to Heather. Selma inherits nothing. Children of the intestate person will inherit if there is no surviving married or civil partner. If there is a surviving partner, they will inherit only if the estate is worth more than a certain amount. If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate.
This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them. If there are two or more children, the children will inherit in equal shares:. All the children of the parent who has died intestate inherit equally from the estate. This also applies where a parent has children from different relationships. For example: Alan and Grace were married and have two children, Tim and Annie. Alan and Grace get divorced.
Alan then has a child, Mark, with his new partner Beata. Alan and Beata do not marry. Alan dies. Grace does not inherit under the intestacy rules because she is divorced from Alan and neither does Beata because she has not married Alan. Tim, Annie and Mark inherit all of Alan's estate in equal shares. A child whose parents are not married or have not registered a civil partnership can inherit from the estate of a parent who dies intestate.
These children can also inherit from grandparents or great-grandparents who have died intestate. Adopted children including step-children who have been adopted by their step-parent have rights to inherit under the rules of intestacy. But otherwise you have to be a biological child to inherit.
A grandchild or great grandchild cannot inherit from the estate of an intestate person unless either:. In these circumstances, the grandchildren and great grandchildren will inherit equal shares of the share to which their parent or grandparent would have been entitled. Example: Abdul has two sons, Iqbal and Ismail. Ismail has one daughter, Habiba. Ismail dies when Habiba is two years old. Abdul dies intestate when she is A living trust can be an effective estate planning tool if you understand what they can and can't accomplish.
Inheritance Cases. When you find out you're receiving an inheritance, you may have mixed feelings of gratitude and grief.
Here's what you need to keep in mind before making any big decisions. In the absence of a will, how an estate is divided varies based on a number of factors. Learn what might happen to your property if you fail to leave a will for your heirs. Who's the Next of Kin in Case of Inheritance? Next of Kin Defined Your next of kin relatives are your children, parents, and siblings, or other blood relations.
Beyond Surviving Spouse and Children Your next of kin may extend further down your bloodline, particularly if you have no surviving spouse or children.
State law varies but, generally, further next of kin include: Grandchildren Grandparents Aunts and uncles Nieces and nephews The "great" generations also may inherit under some state intestacy laws—great-grandchildren, great-grandparents, and great-aunts and great-uncles.
Inheriting Property as Next of Kin If someone dies without a will , the probate court appoints an administrator to distribute the assets and close out the estate. About the Author Brette Sember, J.
Related Topics. Facebook Twitter. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of the author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
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